Case Note & Summary
The appellant, Mubarak Abdulbhai Shaikh, filed a first appeal against the judgment and award dated 13.06.2011 passed by the Motor Accident Claims Tribunal (Aux.), Narmada at Rajpipla in M.A.C.P. No. 163 of 2010. The Tribunal had partly allowed the claim petition and awarded Rs.1,41,500/- with 9% interest per annum. The appellant sought enhancement of compensation for the death of his wife, Roshanben Mubarak Shaikh, who died in a motor vehicle accident on 30.07.2010. The accident occurred when a truck driven rashly by opponent No.1 dashed against the Tavera car in which the deceased was a passenger. The appellant claimed that the deceased was a homemaker and also did tailoring work earning Rs.3,000 per month. The Tribunal assessed the income notionally at Rs.15,000 per annum and applied multiplier of 18, awarding Rs.1,41,500/-. The High Court held that the Tribunal erred in assessing notional income at Rs.15,000 per annum and that a more realistic notional income of Rs.3,000 per month should be considered. The court applied the multiplier of 18 as per the age of the deceased (25 years) and added 40% towards future prospects, deducting 1/3rd for personal expenses. The court also awarded Rs.70,000 under conventional heads. The total compensation was enhanced to Rs.6,94,000/- with interest at 7.5% per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Death of Homemaker - Notional Income - The court considered whether a homemaker's gratuitous services should be valued for compensation under the Motor Vehicles Act, 1988 - The court held that a homemaker's services have economic value and notional income should be assessed - The court enhanced compensation by considering notional income of Rs.3,000 per month and applying multiplier of 18 (Paras 1-9).
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a homemaker was just and proper, and whether notional income should be considered for gratuitous services rendered by a homemaker.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The appellant is entitled to total compensation of Rs.6,94,000/- with interest at 7.5% per annum from the date of petition till realization. The respondents are jointly and severally liable to pay the compensation. The award amount be deposited within eight weeks.
Law Points
- Compensation for death of homemaker
- notional income for gratuitous services
- multiplier method
- Motor Vehicles Act
- 1988
